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HomeMy WebLinkAboutCC Reso No 1993-04RESOLUTION N0. 93-4 RESOLUTION R.D.A. 93-1 JOINT RESOLUTION OF THE LAKE ELSINORE CITY COUNCIL AND THE LAKE ELSINORE REDEVELOPMENT AGENCY ("RDA") AUTHORIZING THE EXECUTION OF THE REDEVELOPMENT DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE RDA AND WAL-MART STORES, INC.("WAL-MART") AND THE LAKE ELSINORE REDEVELOPMENT PROJECT WAL-MART SHOPPING CENTER OWNER PARTICIPATION AGREEMENT ("OPA") BY AND BETWEEN THE RDA AND OAK GROVE EQUITIES (OAK GROVE"). BE IT RESOLVED, FOUND AND DETERMINED BY THE CITY COUNCIL AND THE RDA AS FOLLOWS: 1. The DDA and the OPA were considered by the City Council and the RDA at a properly noticed joint public hearing on February 2, 1993. At the hearing, the City Council and the RDA staff recommended approval of the DDA and the OPA. 2. The adoption of the DDA and the OPA is deemed to be in the interest of the orderly redevelopment.of the City of Lake Elsinore and is consistent with the goals, objectives and policies of the existing General Plan for the City of Lake Elsinore ("General Plan"), the Elsinore City Center Specific Plan (='Specific Plan") and the Redevelopment Plan for the Rancho Laguna Development Project No. II ("Redevelopment Plan"). 3. The City. Council and the RDA can approve the DDA and the OPA, as they are within the scope of the project covered by the Program EIR prepared for the Specific Plan which EIR was certified in September, 1992. Given this, no new CEQA document is required. Pursuant to 14 CCR Section 15162, no new effects could occur and no new mitigation measures would be required for the DDA and the OPA. A checklist has been prepared pursuant to 14 CCR Section 15168 and is attached hereto. 4. The City of Lake Elsinore incorporates, in their entirety, the feasible mitigation measures developed in the September, 1992 Program EIR as requirements for the DDA and the OPA. ' 5. The DDA and OPA will promote the welfare and public interest of the .City of Lake Elsinore. 6. The DDA and the OPA will govern the development of the projects which are specifically described in the DDA and OPA, PAGE TWO RESOLUTION NO. 93-4 RESOLUTION NO. R.D.A. 93-1 copies of which are attached hereto and incorporated herein by reference. The DDA and the OPA shall be effective immediately upon execution of this Resolution. 7. Under the terms of the DDA, the RDA shall sell certain real property described in the DDA ("Property") to Wal-Mart for a purchase price which is less than the current market value for the Property at its highest use under the Redevelopment Plan. The lesser consideration accepted by the RDA for the Property is necessary to effectuate the purposes of the Redevelopment Plan. 8. The DDA and the OPA are hereby approved by the City Council and the RDA Board and the Mayor of the City of Lake Elsinore is hereby authorized and directed to execute the DDA and the OPA on behalf of the RDA. THE FOREGOSNG RESOLUTION IS HEREBY APPROVED UPON THE FOLLOWING VOTE THIS 11th DAY OF March . 1993: A3'E9- COUNCILMEMBERS: ALDNGI, DOMINGUEZ, WINKLER, I~IASHBURN NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CHERVENY NONE NONE AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: ALONGI, DDMINGUEZ, WASHBURN, WINKLER CHERVENY NONE NONE --- ~ ~, . -~-Uv~v ARY } WASHBURN, MAYO CITjf OF LAKE ELSINORE ~_ ~ JIM W NKLER, CHAI AN REDEVELOPMENT AGENCY PAGE THREE RESOLUTION NO. 93-4 RESOLUTION NO. R.D.A. 93-1 APPROVED AS TO FORM AND LEGAL CONTENT: JOHN HARPER, E Q. CITY ATTORNEY CtiECICI,IST OF DDAtt?PA ACTIVITIES: ENVIitflM~IE1VTAY, EFFEC'T'S COVERAGE W 1992 SPECIFIC PLAN ETR 1. DDAdOPA ut~ACr: ~ ~~ ~ _isacfh. W;lL.tbe.pnoQosacIf-itt: ----- ---- - - -_ ---- - - __ ~ =~#ns~ii3e ea+ttrcona5tioax gr-in cttaages m` geologic substrucwres? b. 1'.~isruptions, displacements, compaction or vveroor-ering of the soil? c. Change in topography or ground surface relief features? d. The desuvction, Covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of sails, either an or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion xhich may modify the channel of a river or sheam ar the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, larrdsi~ides, mudslides, ground failure, or srmilar hazards? h. Construction on land with slopes in excess of the ten (1t3} percent? Air. Will the I»'oPosal rtstrlt iv? a. Substantial air emissions or deterioration of ambient air quality? fi. 'CFte creation of objectionable odors? c. Alteration of air movement, moiswre or temperature, or any change in climate, either locally or regionally? ~QUrcrwo+w-svr.~ l U' n: ~, z 2. THIS 1 Ir~ACr =_. rn uv T131E sPlacn~IC PLAN EIR°: s YFSrnIo ra - .~ ~ Y X y ~ Y - - p'' ' ~ - Y n ,, ~. - -Z Y i m X N La ', T - -~ Y <I r z v ~ y m ~ Y i X N a, n ~: 4` IY u _ -~ u ~, Water. WiQ the proposal r+esn~ in? !. DDA/OPA IMPACT? m 2. TiiIS z -' IMPACT ~ COVERED IN 'I'IIE ~, SPECIFIC y PLAN E[R? G D z m a. Changes in currents, or the course or directiar. of water movements, in either marine or ' fresh waters? -- - b. - --- ------- ----~han~es~n._absomhon-rates -....-.~,n...,~..-~..~,--~ ----------- ---- -- -- ------- --N runoff? ~svat-dr------ ----------- ~ ~ - Y ; c. Alterations to the course or flow of flood w-rters? _____ - ~. ~ Y -- d. Change in the amount of surface water in any water body? ~ N p e. Discharge into surface waters, or in any alteration of surfane water quality, including, Y but not limited to, temperature, dissol~red oxygen or turbidity? ~ ~ Y f. A]teradon of Uie direction or cafe of flow of ground water? - - . _____ X ~ Y g. Change in the quality of ground waters either through direct additions or withdrewais, - ar through interception of an aquifer by cuts or excavafions? ~ N h. Substantial reduction in the amount of water otherwise available for. public water supplies? - _ - ~ N i. Exposure of people or property to water related harudg such as flaoding or tidal waves? x N Plant Life. Wall the prroposal result in? - a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? X - Y b. Reduction of the numbers of any unique, rare ar endangered species of plants? - ~.. Y m A 3 { F a~ m A W [~ N ik Ol 2 m z 1. DDAfOPA 2. THIS IMPACT? IMPACT COVEREID IN TfiE ~ §PECI~'IC n PLAN t?III'- ~A ~ N-' ~ ~~2 z c. Introduction of new species of plants into an area, or in a barrier to the nannai replenishment of existing species? ~ Y d. Reduction in acreage of any agricultural-croQ'r- - ----------------- _--- _ -. - ---- - -- --- --- - ~ ~-- N - - _~ ,,, Hanel Lute. -~_-~--~ _ -_ . ,~ -T-~ = _ _ _ - • •- -- ~1+iil_the.~~a~gl-r=ep-- -_------ ~ a. Change in the diversity of species, or numbers of any svecies of animals (birds, land `~° animals including reptiles, fish and sl~elIfish, bentivc organisms or iusocLt? ){ y -• b. Reduction of the numbers of any unique, ram or endangered species of animals? ~ 3r p ~~ ~~ f3 c. Introduction of new species of aarimals into an area, yr result in a barrier d> the ~_ migration or movement of animals? ~ Y d• Deterioration to existing fish or wildlife habitat? i ~ ~ Y ~ Nalse. Will the proposal resuh an: r a. Incrcasi~s in existing noise levels? ~ Y b. Exposure of people to severe noise levels? ~ ~ Y c. Location of dwelling units within fit70 feet of a freeway? 1 ____ $ N Light and Glare, Wi[1 the proposal produce ae+r ]tight or glare* g Y Land Use. Will the propose! r~rlt iro: ____ a. Substantial alteration of the present or planned land use of an area? g Y a b. Contiict with any designations, objectives, or policies of any adopted plans of the City? X Y -- N -3 3 1. DDAlOPA IMPACT? Natural Resoue~ces. Will the propa~sal result on; a• Increase in the rate of use of any natural resources? ---tr.---~dtssiranti~ fielile. ton ~aiip nonrenewable naturat resourcaes? of rTTt. -yii1 the proposal iavoi~ee; a. Storage, handling, or processing of har.~rdous nnaterials? b- A risk of an explosion ar the release of hazardous substances (including, but not Iimited to, off[, pesticides, chemicals or radiation} in the event of an accident or upseE oondidons? Population. Wi11 the proposal alter the lcx:ation, distribution, density, or growth rate of the human population of an area? Housing. Wolff the proposal affect existing housing, or create a demand for additional housing? Transportation/Circulation. Will file proposal result in; a_ Generation of substantial additional vehicular movement? b. i;ffects on existing parking facilities, or demand for new parking? c. Substantial impa.~-t upon existing transportation systems? d. Alterations to present patterns of circulation or movement of peopleand/or goads? e_ Alterations Ea waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? c ~ N -- ~ N p _ ~L Y ~ Y m n X Y 2 m ~. - Y ~ ___ __ L _ X Y JC y ~. N A 3{ Y ~_ N m MAYBE N~ X m 2. '14IIS z ~' IMPACT < COVERED IN TIRE SPECII:'[C r PLAN E1tIt? ~ YES/NO z z m x ~Y 4 m z t. DDAfOPA 2. 'flil5 -' t741PAC'l'? IMPACR `-< CovElzEa} ~1 THE SPECIFIC r PLAN EIK? 3 Y~ M YBE N~f 11~IO ~ Pu61ic Services. Will the prapasal have an effect upon or result in a need for new or altered x governmental services in any of the following areas: a. Fire protection? ------- ------ -- - --~E-----~- -_ ---Y------ ---- --- b_=Palm orotel-linn9 __ __.----.-_=___ - -- --- ---- ~ c. Schools? X Y d. Parks or other recreational facilities? X Y e. Ivlaintenarrce of public facilities, includeng reads? _~ ~ ){ -- A Y f, Ocher governmental services? -- ~ Y Y Energy. Will the propasai result in: a. Use of substantial amounts of fuel or energy? ~ ~ Y r A b. Substantial increase in demand upon existing sounxs of energy, or require the ~ development of new sources of energy? ` X Y n Utilities. Will the proposal result in a need for new systems or substantial alterations , to the following utilities: i ' a. Power or natural gas? .~ ~ Y b. Communications systems? ~ Y c. Water? ~ Y °' d. Sewer or septic tanks? . ~ Y e. Storm water drainage? X Y ~, 5 m 1. DDA/©PA 2. TTieS z ~' uaePAC~r~ elrernc~r COVERED A IN THE SPECIFIC a P)<.AN EIR? ~ f. Solid waste and dislwsal? tinutaa Dealt#: Wi8 the proposal result in7 --a'-- -~*eaEien"ofany heaittrfiaza~etor po-fenl~al-tiea~tTi hazard (excluding menkal health)?_ -)r =~xposui'e of poop a to potE:ntiaE health hazards? Aesthetics. Will the proposal result in the obstruction of amy scenic vista or view open tc- the public, or will the proposal result in the creation of an aesdtetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic affects [o a prehistoric or historic building, structure of object? c. Does the proposal have the potential to cause a physical change which would affect unique et}uiic cultural values? d. WiII the proposal restrict existing religious or sacred uses within the potential impact area? Y_~ t YBE ~VQ ~ z m ~ 1, ~ =--_~---°--~ __-_bL- -_~ ---- - -- ~ ~. N i X y ;= ~' ~~ N ~ Y m m x ~ ~ Y n r ~ Y z m m i ~ ~ Y `_ ~{ N w A N G] fd tJ ~_ Q 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on 11th day of March, 1993, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI KASAIS, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 93-4 of said Council, and that the same has not been amended or repealed. D ED: .March 12, 1993 ~~ VICKI KASAD, CIA^Y CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the Redevelopment Agency of the City of Lake Elsinore at a regular meeting of said Authority on 11th day of March, 1993, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: ALONGI, DOMINGUEZ, WASHBURN, WINKLER NOES: BOARDMEMBERS: CHERVENY ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE VICKI KP_S , CITY C ERK CITY OF` LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. RDA 93-1 of said Council, and that the same has not been amended or repealed. DA END: March 12, 1993 V C~:S~ KASAD C... Y CLE CITY O`" .,AKE ELSINORE (SEAL)